Chapter ATCP 29

ATCP 29.71(6) (6) Permit expiration. A permit under sub. (1) expires on a date set by the department. The expiration date shall correspond to the expiration date set by the federal environmental protection agency on any corresponding federal permit. If no federal permit is required, the department shall set an expiration date which is no more than 2 years from the date on which the department issues the permit.

ATCP 29.71(7) (7) Permit renewal or amendment. A person holding a permit under sub. (1) may apply to have that permit renewed or amended. The application shall comply with sub. (2). The department shall act on the application as if it were an application for a new permit.

ATCP 29.71(8) (8) Permit suspension or revocation. The department may summarily suspend or revoke an experimental use permit if the department finds any of the following:

ATCP 29.71(8)(a) (a) Information contained in the permit application is false or misleading.

ATCP 29.71(8)(b) (b) Permit conditions or limitations have been violated.

ATCP 29.71(8)(c) (c) The pesticide use poses an unreasonable risk to persons, property, or the environment.

ATCP 29.71(9) (9) Pesticide labeling. No person may ship or use a pesticide under an experimental use permit unless the pesticide is labeled with all of the following:

ATCP 29.71(9)(a) (a) The prominent statements “FOR EXPERIMENTAL USE ONLY” and “NOT FOR RESALE.”

ATCP 29.71(9)(b) (b) The name, brand, or trademark of the pesticide.

ATCP 29.71(9)(c) (c) The name and address of the experimental use permit holder.

ATCP 29.71(9)(d) (d) The net contents of the pesticide container.

ATCP 29.71(9)(e) (e) A complete ingredient statement.

ATCP 29.71(9)(f) (f) Appropriate warning or cautionary statements.

ATCP 29.71(9)(g) (g) A restricted entry interval, if appropriate.

ATCP 29.71(9)(h) (h) Directions and conditions for use of the pesticide.

ATCP 29.71(9)(i) (i) Other labeling required by the department.

ATCP 29.71(10) (10) Reports.

ATCP 29.71(10)(a) (a) The department may require the holder of an experimental use permit under sub. (1) to file periodic reports related to the shipment or use of pesticides under that permit. These may include reports related to any of the following:

ATCP 29.71(10)(a)1. 1. The amounts of pesticide shipped and used.

ATCP 29.71(10)(a)2. 2. Shipment and delivery dates and locations.

ATCP 29.71(10)(a)3. 3. Dates and locations of pesticide use.

ATCP 29.71(10)(a)4. 4. Experimental findings.

ATCP 29.71(10)(a)5. 5. Disposal of unused pesticide and pesticide containers.

ATCP 29.71(10)(a)6. 6. Disposal of treated agricultural commodities, food, or feed.

ATCP 29.71(10)(a)7. 7. Other information related to the experimental use.

ATCP 29.71(10)(b) (b) A permit holder shall immediately report to the department any observed adverse effects of the experimental use on persons, property, or the environment.

ATCP 29.71(11) (11) Exemptions.

ATCP 29.71(11)(a) (a) The following entities may conduct preliminary screening tests under par. (b) without an experimental use permit under sub. (1):

ATCP 29.71(11)(a)1. 1. A state or federal agency.

ATCP 29.71(11)(a)2. 2. An accredited college or university.

ATCP 29.71(11)(a)3. 3. A pesticide registrant.

ATCP 29.71(11)(b) (b) The following tests are considered preliminary screening tests under par. (a) if they are solely designed to determine whether a substance has value as a pesticide for specific purposes:

ATCP 29.71(11)(b)1. 1. Laboratory or greenhouse tests.

ATCP 29.71(11)(b)2. 2. Field tests, other than field tests of microorganisms produced or modified by recombinant DNA techniques, conducted on test plots owned by the testing entity. No individual test plot may exceed 1/2 acre, nor may the combined area of all the test plots exceed 5 acres.

ATCP 29.71(11)(b)3. 3. Tests for which the federal environmental protection agency issues an experimental use permit. The testing entity shall provide the department with a copy of the federal permit and shall notify the department of the test locations before conducting the tests.

ATCP 29.71(11)(c) (c) No raw agricultural commodities, food, or feed involved in a screening test under par. (b) may be consumed by humans or other animals, except laboratory or experimental animals which are used in the test and are not used for food or feed. The agricultural commodities, food, and feed shall be disposed of in a manner that minimizes exposure to human beings and the environment.

ATCP 29.71(11)(d) (d) The exemption under par. (a) does not apply to a pesticide or pesticide use which is specifically prohibited under this chapter, or for which a federal registration has been denied, suspended, or canceled.

ATCP 29.71 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; CR 12-003: am. (2) (intro) Register May 2013 No. 689, eff. 6-1-13.

ATCP 29.72 ATCP 29.72 Special local needs registrations.

ATCP 29.72(1) (1) Authority. The department may register either of the following if the registration is necessary to meet a special local need in the state:

ATCP 29.72(1)(a) (a) A pesticide product which is not registered under the federal act. The registration shall specify the uses for which the pesticide product is registered.

ATCP 29.72(1)(b) (b) A new use for a pesticide product that is currently registered under par. (a).

ATCP 29.72(2) (2) Effect of registration. Registration under sub. (1) has the same effect in this state as registration under the federal act unless the federal environmental protection agency disapproves the registration.

ATCP 29.72(3) (3) Registration standards. The department may register a pesticide product or use under sub. (1) if the department finds all of the following:

ATCP 29.72(3)(a) (a) Registration is necessary to meet a special local need in this state. A special local need is a current or imminent pest problem in this state that cannot be adequately controlled by the use of any available federally registered pesticide product. The department may find that a pest problem existing on a nationwide or multi-state regional basis is not a special local need.

ATCP 29.72(3)(b) (b) There are insufficient alternative pesticides or pest control methods to meet the special local need.

ATCP 29.72(3)(c) (c) The pesticide product is effective, for the uses registered under sub. (1), when used according to label directions. The department’s finding under this paragraph does not constitute a warranty by the department.

ATCP 29.72(3)(d) (d) The pesticide label complies with this chapter and the federal act, and warrants that the product is effective for the uses registered under sub. (1).

ATCP 29.72(3)(e) (e) The pesticide product will not be distributed for further manufacturing, reformulation, or repackaging.

ATCP 29.72(3)(f) (f) The pesticide product, if registered for use on raw agricultural commodities, food, or feed, is covered by necessary residue tolerances, exemptions, and clearances under the federal act and the federal food, drug and cosmetic act as amended (21 USC 301 et seq.).

ATCP 29.72(3)(g) (g) The pesticide product, when used according to label directions for the purposes registered under sub. (1), will not have unreasonable adverse effects on persons, property, or the environment.

ATCP 29.72(3)(h) (h) The federal environmental protection agency has not denied, disapproved, canceled, or suspended any registration of the pesticide product under the federal act. If the federal environmental protection agency has denied, disapproved, canceled, or suspended the registration of the product for any use, the department may not register any other use of that product without approval from the federal environmental protection agency.

ATCP 29.72(3)(i) (i) The pesticide product complies with all applicable packaging, coloration, and labeling provisions under this chapter, ss. 94.67 to 94.71, Stats., and the federal act.

ATCP 29.72(3)(j) (j) The benefits derived from pesticide product uses registered under sub. (1) will exceed the adverse effects on persons, property, and the environment.

ATCP 29.72(3)(k) (k) The pesticide product is currently registered under the federal act, or is formulated from ingredients which are all found in other federally registered pesticide products.

ATCP 29.72 Note Note: The department must prepare an environmental assessment on each permit issued under this subsection. See ch. ATCP 3.

ATCP 29.72(4) (4) Applying for registration. A person licensed under s. ATCP 29.10 may apply for a special local needs registration under sub. (1). The application shall be submitted by electronic means to the department unless advance approval to submit a paper application is granted by the department. The application shall include all of the following:

ATCP 29.72(4)(a) (a) The applicant’s name, address, and license number under s. ATCP 29.10. If the applicant is not yet licensed under s. ATCP 29.10, the applicant shall also submit a license application under that section.

ATCP 29.72(4)(b) (b) A fee of $250.

ATCP 29.72(4)(c) (c) A complete description of the special local need justifying the registration.

ATCP 29.72(4)(d) (d) The name of the pesticide product.

ATCP 29.72(4)(e) (e) The registration number of the pesticide product or, if the product is not currently registered under the federal act, the complete product formula.

ATCP 29.72(4)(f) (f) A copy of the proposed pesticide product label.

ATCP 29.72(4)(g) (g) Valid scientific evidence demonstrating that the product is effective for the proposed use.

ATCP 29.72(4)(h) (h) Evidence showing that alternative pesticides and pest control methods are not adequate to meet the special local need.

ATCP 29.72(4)(i) (i) A description and analysis of the benefits to be derived from the proposed pesticide use.

ATCP 29.72(4)(j) (j) A description and analysis of potential adverse effects to persons, property, and the environment which may result from the proposed pesticide use.

ATCP 29.72(4)(k) (k) Evidence demonstrating that the pesticide product will not have unreasonable adverse effects on persons, property, or the environment when used according to label directions.

ATCP 29.72(4)(L) (L) An analysis demonstrating that the benefits to be derived from the proposed pesticide use exceed the potential adverse effects.

ATCP 29.72(4)(m) (m) Other relevant information required by the department.

ATCP 29.72(5) (5) Action on application. The department shall grant or deny an application under sub. (4) within 180 business days after the department receives a complete application.

ATCP 29.72(6) (6) Registration expires. A special local needs registration under sub. (1) expires on a date specified by the department in the registration. The expiration date shall be not more than 5 years after the date on which the department issues the registration.

ATCP 29.72(7) (7) Registration renewal or amendment. A registrant under sub. (1) may apply to have that registration renewed or amended. The application shall comply with sub. (4). The department shall act on the application as if it were an application for a new registration. If a registration is amended during a registration period, the amendment expires at the end of that registration period. A registration may be renewed for a period of up to 5 years.

ATCP 29.72(8) (8) Labeling. A pesticide product registered for one or more uses under sub. (1) shall be labeled in compliance with s. ATCP 29.06. The product label shall also include all of the following:

ATCP 29.72(8)(a) (a) A statement indicating that the registration under sub. (1) applies only in Wisconsin.

ATCP 29.72(8)(b) (b) The registration number assigned by the department.

ATCP 29.72(8)(c) (c) The expiration date of state registration.

ATCP 29.72(8)(d) (d) Other labeling required by the department.

ATCP 29.72(9) (9) Registration conditions. The department may restrict a registered use under sub. (1) to certified applicators, and may attach other conditions to the registration of a pesticide product or use under sub. (1). The department shall restrict a use to certified applicators if any of the following apply:

ATCP 29.72(9)(a) (a) The pesticide product is similar in composition to a federally registered product for which similar uses are restricted to certified applicators. Pesticide products are similar in composition if they have the same active ingredients and are in the same toxicity category. Pesticide uses are similar if they have substantially equivalent purposes and the same precautionary labeling.

ATCP 29.72(9)(b) (b) The use would be restricted to certified applicators under the federal act.

ATCP 29.72(9)(c) (c) The restriction is justified in order to prevent unreasonable hazards to persons, property, or the environment.

ATCP 29.72(10) (10) Suspension or revocation. The department may summarily suspend or revoke a registration under sub. (1) if the department finds any of the following:

ATCP 29.72(10)(a) (a) Information contained in the registration application is false or misleading.

ATCP 29.72(10)(b) (b) Registration conditions have been violated.

ATCP 29.72(10)(c) (c) A registered use poses an unreasonable risk to persons, property, or the environment.

ATCP 29.72(10)(d) (d) The special local need no longer exists.

ATCP 29.72(10)(e) (e) The registration is suspended or disapproved by the federal environmental protection agency.

ATCP 29.72 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; CR 12-003: am. (4) (intro) Register May 2013 No. 689, eff. 6-1-13.